2 FAM 940
PAYMENT AND REWARDS FOR INFORMATION RELATING TO WAR
CRIMES (WAR CRIMES REWARDS PROGRAM)
(CT:GEN-545; 03-08-2019)
(Office of Origin: J/GCJ)
2 FAM 941 GENERAL
2 FAM 941.1 Summary
(CT:GEN-503; 05-18-2018)
a. Section 36 of the State Department Basic Authorities
Act of 1956, as amended (22 U.S.C. 2708, et seq.) provides the authority for
the Department of State to establish a rewards program to pay rewards for
information leading to the arrest or conviction in any country, or the transfer
to or conviction by an international criminal tribunal (including a hybrid or
mixed tribunal), of any foreign national accused of war crimes, crimes against
humanity, or genocide as defined under the statute of such tribunal. Continuity
of authority exists under section 102 of Public Law 105-323, as amended, for
the Department to pay rewards for information leading to the arrest or
conviction of persons indicted by the International Criminal Tribunal for the
Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda
(ICTR), and the Special Court for Sierra Leone (SCSL).
b. The Office of Global Criminal Justice (J/GCJ)
administers and provides policy guidance, as needed, for the War Crimes Rewards
Program. The procedures in this chapter supersede those in 12 FAM 228 with respect to the War Crimes Rewards Program.
2 FAM 941.2 Authorities
(CT:GEN-465; 01-17-2017)
a. Section 36 of the State Department Basic Authorities
Act of 1956, as amended (22 U.S.C. 2708 et seq., and in particular, 22 U.S.C.
2708(b)(10)) provides the authority for the Department of State to establish a
rewards program to pay rewards for information leading to the arrest or
conviction in any country, or the transfer to or conviction by an international
criminal tribunal (including a hybrid or mixed tribunal), of any foreign
national accused of war crimes, crimes against humanity, or genocide as defined
under the statute of such tribunal.
b. Rewards under this section are subject to any
requirements or limitations that apply to rewards under Section 36 of the State
Department Basic Authorities Act of 1956, as amended (22 U.S.C. 2708, et seq.),
with respect to the procedures for the approval and certification of rewards
for payment (22 U.S.C. 2708(c) and (e)), the maximum reward amount (22 U.S.C.
2708(e)), and the ineligibility of government officers and employees for
rewards (22 U.S.C. 2708(f)).
2 FAM 941.3 The Interagency Rewards
Committee on Atrocity Crimes
(CT:GEN-465; 01-17-2017)
a. An interagency committee, the Interagency Rewards
Committee on Atrocity Crimes (Interagency Rewards Committee), has been
established to address issues associated with this program and to consider
reward offer proposals and reward payment nominations to potential Rewards
Program Participants (RPPs).
b. The Interagency Rewards Committee is chaired by the
head of the Office of Global Criminal Justice or his or her designee, and is
composed of representatives from:
(1) The Office of Global Criminal Justice (J/GCJ);
(2) The appropriate regional bureau(s);
(3) The Office of Emergencies in the Diplomatic and
Consular Service (M/EDCS);
(4) The Office of the Legal Adviser (L);
(5) The Central Intelligence Agency (CIA);
(6) The Department of Defense (DOD);
(7) The Department of Justice (DOJ); and
(8) The National Security Council Staff (NSC).
c. As appropriate in light of the countries or
thematic or operational issues that arise in a specific situation or more
generally in the Committee's work, and at the discretion of the chair,
representatives of other Department bureaus or other U.S. Government agencies
may confer with or participate as observers in the work of the Interagency
Rewards Committee.
d. Meetings of the Interagency Rewards Committee may
occur in person or through circulation of written proposals to committee
members. Examples of situations in which the head of J/GCJ may determine that
written proposals suffice may include, but are not limited to, time-sensitive
matters, the unavailability of key members for in-person meetings, or
situations in which initial consultations suggest the proposed actions are
unlikely to raise complex or sensitive issues.
e. Policy considerations, including, but not limited
to, those described in 2 FAM 942.5
paragraph (b)(8), in the discretion of the head of J/GCJ, may warrant a
decision not to convene the Interagency Rewards Committee to consider a
proposal or nomination for a reward payment, even when an individual might
otherwise be eligible for consideration.
2 FAM 942 REWARDS PROCESS
2 FAM 942.1 Proposals to Offer
Rewards for Foreign Nationals
(CT:GEN-465; 01-17-2017)
a. In accordance with the provisions of this chapter,
the Department, posts, or other agencies may at any time propose that a reward
be offered for information leading to the arrest, transfer, or conviction of
any foreign national accused of war crimes, crimes against humanity, or
genocide by an international criminal tribunal (including a hybrid or mixed
tribunal). These proposals, called reward offer proposals, should include the
following: the statutory basis under which a reward is offered; a summary of
the relevant charges against the accused foreign national(s); any additional
relevant information on the activities of the foreign national(s); a statement
of the reasons why the arrest or conviction of such foreign national is in the
national interest; and a proposed maximum monetary amount for any reward
payment. A sample reward offer proposal is at 2 FAM Exhibit
940(1).
b. Such proposals may include a recommendation that a
reward be offered either jointly with a foreign government or, with the
approval of the Under Secretary for Management, supplemented by a non-USG
entity, consistent with 2 FAM 942.7(e).
c. Reward offer proposals shall be submitted to J/GCJ,
which will promptly transmit the proposals to the Interagency Rewards Committee
for review, unless the Chair believes a proposal is manifestly without merit,
such as if the proposed foreign national clearly falls outside the statutory
designation criteria.
d. The Interagency Rewards Committee will consider such
reward offer proposals within one month of receipt, absent extenuating
circumstances requiring a longer delay, and after that consideration will
promptly provide a recommendation to the Secretary of State, in the form of an
action memorandum prepared by J/GCJ, supporting (as submitted or with
modifications), opposing, or laying out divergent views on the inclusion of the
named subject(s) in the program. If the Committee is unanimous in opposition,
no action memo to the Secretary is necessary. A sample action memo for
submitting a reward offer proposal is at 2 FAM Exhibit
940(2). Recommendations of the Committee generally will be made by
consensus; however, none of the agencies (other than the Department of State)
participating in the Committee meeting may block a recommendation to include a
subject in the program. Any disagreement with any aspect of a
recommendation to offer a reward for a particular foreign national will be
described as a dissenting opinion in the action memorandum to the Secretary of
State. The Secretary of State will approve or disapprove the inclusion of a
subject in the program and the issuance of a reward offer for the subject.
e. Once approved by the Secretary, J/GCJ through the
Bureau of Legislative Affairs (H) will promptly report on the particular reward
offer to the relevant Congressional committees, as described in 2 FAM 944.1.
The Department may not publicly announce a reward offer until 15 days after
submitting the report. A sample letter and report to Congress are at 2 FAM Exhibit
940(3).
2 FAM 942.2 Publicizing Rewards
Offers
(CT:GEN-465; 01-17-2017)
a. Once a reward offer is approved pursuant to 2 FAM 942.1,
J/GCJ will work with other bureaus within the Department of State, and with
other partners as appropriate, to develop advertising campaigns and/or
promotional materials identifying the particular foreign nationals who are the
subjects of reward offers. All reward program announcements and other media
campaigns need to be cleared by the relevant regional bureau within the
Department of State and other bureaus and offices, as appropriate. Relevant
posts will also be consulted regarding proposed announcements and may be directed
to consult with respective host governments as appropriate, including in light
of current relations with the host government, the host government's
anticipated posture toward the reward and associated publicity, and other
factors.
b. Reward offers may be publicized through media
campaigns developed by the Department of State and partners, if such publicity
is deemed appropriate in light of political and other circumstances in the
targeted regions or audiences. These reward offers will also be posted on the
website for the War Crimes Rewards Program.
c. Announcement of reward offers will include, as
appropriate, a concise description of the relevant fugitive or crime; the means
by which potential informants may contact the Department or relevant Embassy;
and a statement indicating that responses will be kept confidential.
2 FAM 942.3 Actions upon Receiving
Information in Response to Reward Offers
(CT:GEN-465; 01-17-2017)
a. J/GCJ is the Departments primary point of contact
for all information that could be eligible for a reward payment. The Bureau of
Diplomatic Security, through the Rewards for Justice Program (DS/TIA/PII/RFJ),
provides investigative support and technical support, including via the secure
tip-line server, for tips submitted to the War Crimes Rewards Program following
the issuance of a reward offer.
b. Overseas, the Regional Security Officer (RSO) is
designated to manage and oversee relevant information received at the post that
could be eligible for a reward payment, in coordination with J/GCJ.
c. The RSO establishes policies and procedures for
handling such information. All relevant information will be coordinated with
appropriate embassy offices and with J/GCJ. The RSO must ensure that the
information is properly and promptly coordinated with the appropriate embassy
offices and J/GCJ; and that such information is promptly transmitted to the
Department through appropriate secure channels. The RSO must coordinate with
and consult J/GCJ, the Office of the Legal Adviser, and other bureaus and
offices, as appropriate, prior to the sharing of any relevant information with
host-country authorities or officials of international (including hybrid or
mixed) criminal tribunals. If, however, information received at post is of
sufficient credibility and urgency to warrant responsive action in the absence
of instructions from the Department, the responsible officer at post should
take the necessary steps and inform the Department immediately.
d. In Washington, J/GCJ is designated to manage and
oversee relevant information received directly in the Department, including
tips pertaining to the WCRP submitted through the Departments email addresses
and website established for rewards programs, and will promptly share such
information with appropriate posts. J/GCJ will also coordinate, including with
the Bureau of Diplomatic Security, the Office of the Legal Adviser and other
bureaus and offices, as appropriate, the development and issuance of
instructions from the Department to posts on specific measures to take in
response to information received either directly or from posts, such as
follow-up questioning of an informant or further contacts with host-country
authorities.
2 FAM 942.4 Proposals to Pay
Rewards to An Informant
(CT:GEN-465; 01-17-2017)
a. Reward payment nominations for a particular
individual providing information (called a Reward Program Participant (RPP))
under the War Crimes Rewards Program may originate at post, at the Department,
or at other agencies. Any of these offices may also receive recommendations
from relevant staff at international criminal tribunals (including hybrid or
mixed tribunals) that a reward be paid to a particular informant for furnishing
qualifying information. Included with any such nomination must be specific
details concerning the factors set forth in 2 FAM 942.5.
In no case may any post, Department, or other agency official promise or agree
to pay a reward under the War Crimes Rewards Program without express approval
from the Department of State through J/GCJ in accordance with 2 FAM 942.
b. Posts proposing a reward payment to an RPP will in
their nomination advise J/GCJ and the Committee of any host-country
sensitivities or other considerations that may affect the decision-making
process. For example, legal restrictions, either internationally or in the
host country, may apply to the payment, or promise of payment, to witnesses for
their testimony; such restrictions should be considered and highlighted in
making recommendations, as should any effect that payment of a reward would
have on the law enforcement efforts of host-country authorities.
c. Posts must advise at the time of submitting their
nomination whether any specific measures for protection of the identity of the
RPP are deemed necessary (see 2 FAM 943.5).
2 FAM 942.5 Reviewing Proposals to
Pay Rewards To a Particular RPP
(CT:GEN-465; 01-17-2017)
a. While the Interagency Rewards Committee should
generally be convened promptly following the receipt of a Reward Program
Participant nomination, the Chair has discretion to delay doing so pending
reasonable efforts to obtain additional information or verify existing
information relevant to the Committee's consideration, or not to convene the
Committee, consistent with 2 FAM 941.3(e).
b. When convened, the Interagency Rewards Committee
will review reward payment nominations for a particular RPP and make a
recommendation as to whether a reward shall be paid, and if so, the amount to
be paid. In making these recommendations, the Committee will assess various
factors, including:
(1) The number and degree of seriousness of the
violations of international criminal law;
(2) The likelihood that the information provided has
materially aided in bringing the accused to justice;
(3) The value of the information with respect to the
arrest and/or prosecution of the accused;
(4) The degree and nature of participation in the
violation of international criminal law of the accused (for example, whether
the individual was an accessory, passive participant, active or joint
participant, perpetrator, co-perpetrator, leader, superior, or mastermind);
(5) The degree of risk faced by the potential reward
recipient and his or her family in providing the information;
(6) The degree to which the recipient voluntarily
cooperated with authorities; and
(7) The attitude of relevant government authorities
toward a reward payment.
(8) Other factors, including, but not limited to,
foreign policy considerations, or actions by the potential reward recipient
that are inconsistent with law or policy or could otherwise discredit the
Rewards Program, that, in the Committees discretion, may warrant a decision
not to recommend a reward, even when an individual might otherwise be eligible
for consideration.
c. Recommendations of the committee generally are made
by consensus; however, none of the agencies (other than the Department of
State, or the Department of Justice in connection with matters over which there
is Federal criminal jurisdiction) participating in the committee meeting has
the right to block a recommendation to pay a reward. Any disagreement with any
aspect of a recommendation to pay a reward will be noted in an action
memorandum prepared pursuant to 2 FAM 942.6.
d. Whether a reward is paid and in what amount in any
given case are matters wholly within the discretion of the Secretary of State,
with the concurrence of the Attorney General of the United States if it is a
matter over which there is Federal criminal jurisdiction.
e. If the Interagency Rewards Committee declines to
recommend a payment nomination, or if the Secretary of State (or the Attorney
General of the United States, where applicable) declines to approve an award,
J/GCJ will promptly advise the originating post, Department bureau or office,
or agency, if any, of the decision, specifying the basis for denial.
2 FAM 942.6 Action Memoranda for
Reward Payments
(CT:GEN-465; 01-17-2017)
If the Committee recommends a reward payment be made to an
RPP, J/GCJ will promptly send an action memorandum to the Secretary or to the
Under Secretary for Management, as appropriate, recommending that a reward be
certified for payment. A redacted sample action memo for recommending a reward
program participant is available at 2 FAM Exhibit
940(4). The action memo should include:
(1) A relevant summary and analysis of the nomination;
(2) Other considerations that would affect the amount
of the reward and/or the method of payment;
(3) A recommendation as to the amount of the reward;
(4) A recommendation as to any necessary measures to
protect the identity of the recipient and/or members of the recipients
immediate family;
(5) As appropriate, the dissenting opinion(s) of any
Interagency Rewards Committee representatives involved in the decision to
recommend payment of a reward; and
(6) If the matter is one over which there is Federal
criminal jurisdiction, a proposed letter seeking the concurrence of the
Attorney General.
2 FAM 942.7 Reward Payment
(CT:GEN-465; 01-17-2017)
a. Pursuant to section 36(e)(1) of the State Department
Basic Authorities Act of 1956, as amended (22 U.S.C. 2708(e)(1)), no reward
paid may exceed $25 million (and subject to available funds) except as
personally authorized by the Secretary of State if he or she determines that
offer or payment of an award of a larger amount is necessary to combat
terrorism or defend the Nation against terrorist acts.
b. Section 36(e)(2) of the State Department Basic
Authorities Act of 1956, as amended (22 U.S.C. 2708(e)(2)), requires that the
Secretary of State personally approve reward offers of more than $100,000.
Pursuant to section 36(e)(3) of the Act, the Secretary of State must also
approve and certify for payment any reward granted under this authority. By
Delegation of Authority No. 180 dated August 8, 1989, the Secretary of State
has delegated to the Under Secretary of State for Management the functions
vested in the Secretary by Section 36 of the State Department Basic Authorities
Act of 1956, as amended, with respect to the payment of rewards of less than
$100,000, subject to the concurrence of the Under Secretary of Political
Affairs as to each proposed payment.
c. For offers of $100,000 or more, the final amount of
reward paid is within the sole discretion of the Secretary. He or she may seek
the views of other agencies, the post, the Department, or the agency proposing
the reward, when making such a determination.
d. Provided the Secretary or Under Secretary for
Management has decided that a reward shall be paid, and has received
concurrence from the Attorney General if it involves a matter over which there
is Federal criminal jurisdiction, J/GCJ will promptly notify the appropriate
post, Department, or agency and coordinate the payment of the reward as quickly
as can be done consistent with proper management and control of the funds and
the safety of the RPP.
e. With the approval of the Under Secretary for
Management, the Department may enter into arrangements with other non-U.S.
Government entities to supplement the rewards the Department makes to RPPs
under the War Crimes Rewards Program.
f. J/GCJ coordinates with the Bureau of Diplomatic
Security in the payment of rewards to overseas RPPs.
2 FAM 943 REWARDS GUIDELINES
2 FAM 943.1 Ineligibility of
Government Officers or Employees
(CT:GEN-465; 01-17-2017)
Pursuant to Section 36(f) of the State Department Basic
Authorities Act of 1956, as amended (22 U.S.C. 2708(f)), an officer or employee
of any entity of the Federal, state, or local government or of a foreign
government who, while in the performance of his or her official duties,
furnishes information as described in 2 FAM 941, is
not eligible for a reward under the War Crimes Rewards Program
2 FAM 943.2 Coordination with
Relevant Host-Government Authorities and UN Peacekeeping and Political Missions
(CT:GEN-465; 01-17-2017)
The War Crimes Rewards Program is implemented in such a
manner as to supplement and complement the bona fide security and law
enforcement efforts of relevant host-government authorities who bear the
primary responsibility in these areas. To this end, the rewards process (see 2 FAM 942) will
be closely coordinated as appropriate with responsible host-government
authorities, unless such coordination could put the RPP or the arrest of the
fugitive at risk. Such coordination will be accomplished primarily between the
RSO and local security and law enforcement authorities. Any investigative
activity (see 2
FAM 942.3) will be carried out consistent with the authorities of the
investigating office, bureau or agency, including any requirements regarding
coordination with host country authorities. The rewards process may also be
closely coordinated with appropriate staff members of the relevant tribunals
and United Nations peacekeeping or political missions that are authorized by
the Security Council to support efforts of host-government authorities to bring
to justice those responsible for serious crimes.
2 FAM 943.3 Responsibilities
(CT:GEN-465; 01-17-2017)
a. Overseas, the RSO is primarily responsible for the
War Crimes Rewards Program at each post within that officers jurisdiction.
Such responsibility includes implementation at post of each of the stages of
the rewards process as set forth in 2 FAM 942,
including coordination, at each stage where appropriate, with U.S. Government
officials and host-government authorities. In carrying out these
responsibilities, the RSO remains subject to the overall direction and
supervision of the Deputy Chief of Mission (DCM) and must coordinate with other
officers at post, including political, military, public affairs, law
enforcement, and national security officers, as appropriate.
b. Within the State Department, all actions to offer a
reward or to pay a reward to an informant under the War Crimes Rewards Program
will be coordinated by J/GCJ, consistent with the provision of 2 FAM 940.
c. J/GCJ will be responsible for maintaining records
pertaining to the War Crimes Rewards Program, including an inventory of all
reward offers and reward payment participants; records of the Committee's
decisions and supporting deliberative documents; action memos and other
correspondence with the Secretary and notifications to Congress; and other
documents pertaining to the consideration of reward offer proposals and the
vetting and payment of reward program participants. The records will generally
be maintained in J/GCJ's classified computer system or, in the case of
hard-copy records, its security container.
2 FAM 943.4 Security Procedures
(CT:GEN-465; 01-17-2017)
a. All communications relating to the implementation of
the War Crimes Rewards program must be transmitted in appropriate channels with
classification level and distribution controls sufficient to ensure the
security of these operations and persons involved. Such communications
include:
(1) Nominations for rewards payments;
(2) Reports of information received in response to a
reward offer;
(3) Measures taken in response to information
received;
(4) Contacts with host-government authorities;
(5) Instructions from the Department to posts; and
(6) Other relevant information.
b. Names of individuals who provide information and
RPPs and information that may lead to their identification must be handled in
accordance with appropriate operational security procedures. Knowledge of an
RPPs identity and relationship with the War Crimes Rewards Program is limited
to only those individuals with a need to know that information. A relationship
by RPPs and any other individuals who provide information with the War Crimes
Rewards Program must be kept confidential, even if the RPPs identity or role
in a case has been publicly alleged or disclosed in the media.
c. All other documents relating to implementation
(such as internal memoranda), including information relating to identities of
RPPs and times, places, and circumstances of contacts with U.S. officials, must
be handled in accordance with appropriate operational security procedures.
2 FAM 943.5 Protection of
Informants
(CT:GEN-465; 01-17-2017)
a. If the Secretary determines that the identity of the
recipient of a reward or of the members of the recipients immediate family
must be protected, the Secretary will take such measures in connection with the
payment of the reward as he or she considers necessary to effect such
protection. Specific measures employed to protect the identity of RPPs or
potential RPPs (and immediate family members, as appropriate), beyond those
described in 2
FAM 943.4, will depend on the circumstances of each case, but include not
identifying the RPP by name in the reports sent to Congress in accordance with 2 FAM 944.
b. J/GCJ will work with DS, the Bureau of Population,
Refugees, and Migration, the Department of Homeland Security, and other
relevant U.S. partners promptly to assist informants and their immediate family
members with relocation or other appropriate measures to address threats that
result from their participation in the program.
c. The post, office, or agency working with the
informant will report to J/GCJ which specific additional measures for
protection of the identity of an informant are recommended and planned.
2 FAM 943.6 Accounting for Funds
(CT:GEN-465; 01-17-2017)
Fiscal responsibility and accountability for funds
appropriated for use in carrying out the War Crimes Rewards Program will reside
with the Department of State, Office of the Undersecretary for Management (M).
M will also be responsible for instituting appropriate financial controls,
including such controls as may be necessary to maintain the confidentiality of
payments within the framework of internal control and audit requirements.
2 FAM 944 REPORTS TO CONGRESS
2 FAM 944.1 Advance Notification of
Reward Offers
(CT:GEN-465; 01-17-2017)
Pursuant to Section 36(g)(3) of the State Department Basic
Authorities Act of 1956, as amended (22 U.S.C. 2708(g)(3)), the Secretary shall
submit a report to the House Committee on Foreign Affairs and the Senate
Committee on Foreign Relations not less than 15 days before publicly announcing
that a reward may be offered under the War Crimes Rewards Program. The report
must set forth the reasons why the arrest or conviction of the foreign national
who is the subject of the reward offer is in the national interests of the
United States. The report may be submitted in classified form if necessary,
for example, if operational security, political sensitivity, or other
considerations consistent with classification justify doing so. J/GCJ will
promptly prepare the report for transmittal by H after the Secretary has
approved a new reward offer.
2 FAM 944.2 Reports on the Payment
of Rewards
(CT:GEN-465; 01-17-2017)
Pursuant to Section 36(g)(1) of the State Department Basic
Authorities Act of 1956, as amended (22 U.S.C. 2708(g)(1)), within 30 days
after payment of any reward, the Secretary must submit a report to the House
Committee on Foreign Affairs and the Senate Committee on Foreign Relations with
respect to that reward. A redacted sample letter and report are at 2 FAM Exhibit
940(5). J/GCJ will prepare the report, which may be submitted in
classified form if necessary and which must:
(1) Specify the amount of the reward paid;
(2) Identify to whom the reward was paid (when
necessary to protect the recipient, an identification number may be used instead
of a name);
(3) State the information and steps taken to obtain
and provide the information with respect to which the reward was paid;
(4) Discuss the significance of the information for
which the reward was paid in dealing with the respective acts; and
(5) Provide specific details regarding the fugitive
and the role of the informant receiving the reward for providing information
leading to the arrest or conviction of the fugitive.
2 FAM Exhibit 940(1)
REWARD OFFER PROPOSAL
(CT:GEN-465; 01-17-2017)
Reward Offer Proposal: Sylvestre
Mudacumura
Personal Details:
Sex: Male
Date of Birth: 1954 or 1955
Place of Birth: Karago, Western
Province, Rwanda
Nationality: Rwanda
Position: Supreme Commander of the
Army of the Forces Dmocratiques pour la Libration du Rwanda (FDLR)
Aliases: Bernard Mupenzi, Mpezi,
Commandant Pharon, Pharaoh, Mudac, Mukanda, and Radja.
Location: likely North or South
Kivu, Democratic Republic of the Congo (DRC)
Sanctions: In March 2009, Mudacumura was added to the U.S.
Treasury Departments Office of Foreign Asset Controls sanctions list due to
his role in the conflict in the Democratic Republic of the Congo (DRC). He is
also under UN Security Council sanctions UNSCR 1596 (2005) as renewed by UNSCR
2078 (2012) for his role in the conflict.
Proposed Maximum Reward Amount:
$5,000,000
Statutory Basis for Reward Offer:
Section 36 of the State Department Basic Authorities Act of 1956, as amended
(22 U.S.C. 2708 et seq.)
Background:
Several rebel groups that had fled Rwanda into the DRC
following the 1994 Rwandan genocide merged to form the Forces Dmocratiques de
Libration du Rwanda (FDLR). The FDLR has been linked to continued crimes
against the civilian population in the DRC in recent years, including the mass
rapes in Walikale territory in August 2010. Sylvestre Mudacumura, a former
deputy commander of the Presidential Guard of the Rwandan Armed Forces during
the 1994 genocide, is suspected to have directed the operations of the FDLR as
its Supreme Commander.
Summary of Charges:
The International Criminal Court (ICC) issued an arrest
warrant for Mudacumura on July 13 2012 for acts alleged to have occurred
between 20 January 2009 and the end of September 2010, in the context of the
conflict in the Kivu provinces of the eastern Democratic Republic of Congo.
Mudacumura is charged with nine counts of war crimes for ordering acts that
amounted to: attacks against a civilian population, murder, mutilation, cruel
treatment, rape, torture, destruction of property, pillaging and outrages
against personal dignity.
U.S. National Interest:
The United States supports the international communitys
comprehensive approach to disarming and demobilizing the FDLR, a violent armed
group whose leaders are allegedly responsible for atrocities committed against
civilians in the DRCs eastern provinces and some of whose leaders participated
in the 1994 genocide in Rwanda The continued military activities and human
rights abuses of the forces under Mudacumuras command have been a major obstacle
to peace and stability in eastern DRC, where the United States has made major
investments in humanitarian, peacekeeping, and development assistance. The U.S.
supports ongoing efforts to hold FDLR leaders accountable for the atrocities.
2 FAM Exhibit 940(2)
ACTION MEMO FOR REWARD OFFER PROPOSAL
(CT:GEN-465; 01-17-2017)
[DATE]
SENSITIVE BUT UNCLASSIFIED
ACTION MEMO FOR THE SECRETARY
FROM: J/GCJ [head of office]
SUBJECT: Nomination of [Additional Subjects] for War
Crimes Reward Program
Recommendation
(SBU) That you authorize a reward offer of up to $5,000,000,
under the War Crimes Rewards Program, for information leading to the arrest or
conviction of [Joseph Kony], a foreign national subject to an arrest warrant by
[the International Criminal Court or other international or hybrid criminal
tribunal].
Approve ______________ Disapprove ______________
(SBU) That you approve the proposed report at Tab B
describing why the arrest or conviction of [these subjects] is in the U.S.
national interest, and the reports transmittal to the relevant Congressional
committees.
Approve ______________ Disapprove ______________
Background
(SBU) The Department of State has authority to provide
rewards for information leading to the arrest or conviction in any country, or
the transfer to or conviction by an international criminal tribunal, of any
foreign national accused of war crimes, crimes against humanity, or genocide,
as defined under the statute of such tribunal. The law authorizes the
Secretary of State, in consultation as appropriate with the heads of other
relevant departments or agencies, to pay a reward of up to $25 million for such
information. The law requires the Secretary of State to submit a report to the
appropriate congressional committees at least fifteen days in advance of
publicly announcing a reward offer for a particular foreign national, setting
forth the reasons why the arrest or conviction of such foreign national is in
the national interests of the United States.
(SBU) On [DATE], the Interagency Rewards Committee on
Atrocity Crimes (Committee), through circulation of written reward offer
proposals to its members, reviewed the designation of [Joseph Kony]. There
were no objections from Committee members to a reward offer for this
individuals. The arrest or conviction of this notorious individual will
further our national security and foreign policy objectives in ensuring
accountability, preventing and deterring atrocities, and contributing to
regional stability, and will advance the U.S. governments leadership on
international law and human rights. The [International Criminal Court] has
issued an arrest warrant for this individual for [war crimes, crimes against
humanity, or genocide]. The Reward Offer Proposal summarizes personal details
of and criminal charges against this individual; a brief background of the
relevant conflict situation; and statements setting forth the reasons why the
designation is in the national interests of the United States.
(SBU) The Office of Emergencies in the Diplomatic and
Consular Service (M/EDC) concurs with offering a reward up to $5,000,000.
Should individuals come forward with qualifying information, the Committee will
reconvene to discuss and decide upon appropriate remuneration under the
Program, as has been done in the past with rewards relating to the
International Criminal Tribunals for Yugoslavia and Rwanda.
Attachments:
Tab 1 Section 36 of the State Department Basic Authorities
Act of 1956, as amended (22 U.S.C. 2708)
Tab 2 Reward Offer Proposals
Tab 3 Letters to Congressional Committees
Tab 4 Reports to Congressional Committees
2 FAM Exhibit 940(3)
LETTER AND REPORT TO CONGRESS REGARDING NEW REWARD OFFER
(CT:GEN-465; 01-17-2017)
Dear Mr. Chairman,
In 1987, Joseph Kony formed the group that would later be
known as the Lords Resistance Army (LRA), and remains its Chairman and
Commander in Chief. In the decades since, the LRA has committed numerous
atrocities against civilians across northern Uganda, the DRC, Central African
Republic, South Sudan, and Sudan. The U.S. State Department has included the
LRA on its Terrorist Exclusion List since 2001. The LRA was formed in northern
Uganda to fight against the Government of Uganda, and operated there until
2006. At the height of the conflict, nearly two million people in northern
Uganda were displaced. A 2006 study funded by UNICEF estimated that at least
66,000 children and youth had been abducted by the LRA between 1986 and 2005.
According to that study, most of these children were only held for a brief
period of time and were then released or escaped, but others were forced to
become child soldiers or sex slaves and commit unspeakable acts. Under
increasing pressure, Joseph Kony ordered the LRA to withdraw completely from
Uganda in 2005 and 2006 and move west into the border region of the DRC, CAR,
and what would become the Republic of South Sudan. The LRA has continued to operate
in this border region to date and commit attacks against innocent civilians.
The UN estimates that 443,000 people are displaced or living as refugees across
CAR, the DRC, and South Sudan as a result of the LRA threat.
Summary of Charges
The International Criminal Court (ICC) issued an arrest
warrant for Kony under seal on 8 July 2005; it was amended on 27 September
2005, and unsealed on 13 October 2005. The warrant of arrest charges Kony with
twelve counts of crimes against humanity and twenty-one counts of war crimes,
for, among other things, murder, enslavement, sexual enslavement, rape, cruel
treatment of civilians, intentionally directing an attack against a civilian
population, pillaging, forced enlistment of children, and inhumane acts of inflicting
serious bodily injury and suffering. In the warrant of arrest
(ICC-02/04-01/05, 27 September 2005), the Pre-Trial Chamber cited the
Prosecutors allegations that since at least 1987 the LRA had carried out an
insurgency against the Government of Uganda and the Ugandan Army. The
Prosecutor alleged that, over this time, including from July 1, 2002, the LRA
has been directing attacks against both military and
civilian populations; that, in pursuing its goals, the LRA has engaged in a
cycle of violence and established a pattern of brutalization of civilians by
acts including murder, abduction, sexual enslavement, mutilation, as well as
mass burnings of houses and looting of camp settlements; that abducted
civilians, including children, are said to have been forcibly recruited as
fighters, porters and sex slaves to serve the LRA and to contribute to attacks
against the Ugandan army and civilian communities.
The Pre-Trial Chamber was satisfied based on the evidence
and other information submitted by the Prosecutor, that there are reasonable
grounds to believe that Joseph Kony committed and, together with other
persons, ordered or induced the commission of...crimes against humanity and
war crimes as alleged by the Prosecutor.
President Obamas National Security Strategy of 2010
underscores that international justice is in the national interest of the
United States:
From Nuremberg to Yugoslavia to Liberia, the United States
has seen that the end of impunity and the promotion of justice are not just
moral imperatives; they are stabilizing forces in international affairs. The
United States is thus working to strengthen national justice systems and is
maintaining our support for ad hoc international tribunals and hybrid courts.
Those who intentionally target innocent civilians must be held accountable, and
we will continue to support institutions and prosecutions that advance this
important interest.[We] are supporting the ICCs prosecution of those cases
that advance U.S. interests and values, consistent with the requirements of
U.S. law.
2 FAM Exhibit 940(4)
ACTION MEMO FOR NEW REWARD PAYMENT
(CT:GEN-528; 09-27-2018)
CLASSIFICATION [date]
ACTION MEMO FOR THE SECRETARY
FROM: J/GCJ [Head of Office]
SUBJECT: War Crimes Rewards Program: Reward Payment
for RPP XX-XX
Recommendation
(SBU) That you certify for payment the amount of
_______ to the source who provided _______ with information leading to the
arrest of ________, indicted for _______, and that you authorize the
transmission to Congress of the enclosed report regarding this payment.
Approve _______________ Disapprove
________________
Background
(SBU) Section 36 of the State Department Basic Authorities
Act of 1956, as amended (22 U.S.C. 2708 et seq.), authorizes the Secretary of
State to pay a reward of up to $5,000,000 to individuals who furnish
information leading to the arrest or conviction, or transfer to conviction, of
any foreign national accused of war crimes, crimes against humanity, or
genocide, as defined under the statute of an international criminal tribunal
(including a hybrid or mixed tribunal). The Department issued such a reward on
_______ with respect to _______.
(SBU) Crucial information on the location of ________ was
supplied by RPP XX-XX, enabling ________ to locate and arrest him. ________
stated that the information was instrumental in verifying ________s location.
Throughout the investigation effort, RPP XX-XX undertook extraordinary personal
risks by working with ________. [paragraph likely to be classified]
(SBU) The Committee reviewed the case of RPP XX-XX on
[date] with regard to the specific factors described in 2 Foreign Affairs
Manual (FAM) 940. Following discussions of the information available, the
Interagency Rewards Committee believes a payment to RPP XX-XX in the amount of
$________ is appropriate in light of various factors including, as laid out in 2 FAM 940, the
value of the information provided, the danger to RPP XX-XX, and the degree of
seriousness of the atrocities that ______ allegedly committed. The Bureau of
Budget and Planning concurs with this payment and advises that funds are
available in the Emergencies in the Diplomatic and Consular Service
Appropriation (K) Fund to make the payment. [paragraph likely to be classified]
Attachments:
Letters and Report to Congress
2 FAM Exhibit 940(5)
LETTER AND REPORT TO CONGRESS REGARDING NEW REWARD PAYMENT
(CT:GEN-465; 01-17-2017)
CLASSIFICATION
Dear [name]:
Pursuant to the State Department Basic Authorities
Act, Section 36(g)(1) (22 U.S.C. 2708(g)(1)), I am advising Congress a reward
has been paid to a participant in the War Crimes Rewards Program. The attached
documents provide information required under the referenced legislation. To
protect the identity of the reward recipient, the recipient is identified as
Rewards Program Participant (RPP) XX-XX.
Under Executive Order 13526, the Department may not
disseminate classified information outside the Executive Branch except under
conditions that ensure that the information will be given protection equivalent
to that afforded to such information within the Executive Branch. We ask that
you protect the classified information by applying standards at least as
stringent as E.O. 13526 on the handling of classified information.
We request that only Members (and staff with the necessary
clearance and need-to-know the information) be allowed to review the enclosed
material.
The Honorable
[name and Committee title]
If you require additional information or believe that we may
be of further assistance in this, or any other matter, please do not hesitate
to contact us.
Sincerely,
[name]
Assistant Secretary
Legislative Affairs
Enclosure:
As stated.
CLASSIFICATION
Significance of Information/Amount of Payment
(SBU) Through the War Crimes Rewards Program, the
Department offered on _______ a reward of up to $5 million for information
leading to the apprehension, transfer, or conviction of _______. [Description
of accuseds crimes]